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27 Sep 2017, 8:18 am
"No matter how you slice it, U.S. jurist Kennedy key vote in cake case": Lawrence Hurley of Reuters has this report. [read post]
29 Jun 2018, 12:31 pm
“The enduring hope is that race should not matter; the reality is that too often it does,” Kennedy wrote, and “parts of the opinion by the chief justice imply an all-too-unyielding insistence that race cannot be a factor in instances when, in my view, it may be taken into account. [read post]
22 Nov 2008, 3:46 am
The Kennedy Court held that capital punishment is disproportionate for the crime of child rape, even though the victim " must endure years of long anguish" - no matter how terrible a rape, it is not murder. ... [read post]
26 Sep 2007, 2:52 am
We tell the same story no matter what the context. [read post]
1 Aug 2018, 7:47 am
Justice Anthony Kennedy is now officially a retired justice of the U.S. [read post]
30 Jul 2018, 3:25 am
One of the duties that a Justice has is to serve as a “Circuit Justice,” which means they act on emergency legal matters that reach the Court from one of the 13 federal judicial circuits. [read post]
1 Jul 2008, 7:33 pm
Indeed, suggests the Kennedy court, as a matter of constitutional law and Eighth Amendment doctrine, even crimes that "may be devastating in their harm ... cannot be compared to murder. [read post]
27 Jun 2018, 12:23 pm
The post Tribute: Remembering little things that matter appeared first on SCOTUSblog. [read post]
28 Jun 2018, 4:19 am
While not so much this past term, Kennedy did more to shape the outcome of the Court than any other justice. [read post]
24 Sep 2010, 1:52 am
Michael Woolcock, World Bank - Development Research Group, Harvard University - Kennedy School of Government, Simon Szreter, World Bank and Vijayendra Rao, World Bank have an interesting new paper that ask How and Why Does History Matter for Development Policy? [read post]
21 Jun 2018, 8:25 am
UPDATE: I should note that Kennedy's views may not matter much if he retires from the Court this year, as many have speculated he might. [read post]
29 Jun 2018, 9:05 am
For one, it would oversimplify matters to say that Kennedy’s vote went against business interests, notwithstanding the fact that the e-commerce companies Wayfair, Overstock.com and Newegg were aligned on the losing side against South Dakota. [read post]
29 Jun 2018, 1:09 pm
But that didn’t matter; getting the right answer did, no matter how long it took. [read post]
2 Jul 2018, 9:01 pm
Even though clerkships are intense mentoring relationships, they are anything but mind melds.Even so, Professor Dorf is often sought out by the press on Kennedy-related matters (even more so than he is already pursued because of his stature among constitutional law scholars), which I suspect reinforces the impression that he is some version of a “Kennedy whisperer. [read post]
3 Jul 2018, 4:29 pm
Judging from his opinions and votes in immigration cases, however, Kennedy was an unreliable adherent to those principles, oftentimes disregarding the dignity and due process claims of noncitizens, and pleading for a diminished judicial role in critical immigration matters. [read post]
29 Jun 2015, 12:08 pm
Although I think I disagree with him on some aspects of his post, I very much appreciate that Richard's post on Justice Kennedy's opinion in Obergefell doesn't simply line up on one side or the other of the usual "tastes great"/"less filling" debate on Kennedy as writer (or editor--I don't know how much Kennedy writes versus edits, although in the "big cases" the chambers voice is quite consistent). [read post]
13 Sep 2008, 11:38 am
(For those of you following Kennedy closely, Professor Yung also provides a Kennedy v. [read post]
7 May 2012, 8:32 am
Our clear conclusion is that as a quantitative matter, Justice Kennedy is in fact substantially more likely to defend free speech claims than the Court as a whole, across a wide range of First Amendment disputes. [read post]
31 Aug 2009, 9:42 am
The mandate did not preclude the district court from considering Kennedy's claim for response costs and as the court cannot determine whether the district court denied the motion on the merits or because it believed the request was outside the scope of the mandate, and the matter was remanded for further proceedings. [read post]
11 Jul 2018, 9:00 pm
The Court held that the plaintiffs’ antitrust claim “requires a complaint with enough factual matter (taken as true) to suggest that an [illegal] agreement was made. [read post]
